The Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 (“Act”) is one of India’s most important social security legislation for employees. The Bill has been introduced with the intention of addressing issues that have been the focus of several litigation proceedings in the past, especially ‘basic wages’ and ‘allowances.’
The Government of Karnataka has notified the Karnataka Maternity Benefit (Amendment) Rules, 2019 (“Crèche Rules”), which pertains to the provision of crèche facilities to employees by the employers
The Women and Child Department of the State of Telangana, by a circular dated 1 July 2019 (“Circular”), has made it mandatory for government and non-governmental organisations, employing 10 (ten) or more employees to register their Internal Complaints Committee (“ICC”). The ICC is the internal investigation body under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 for evaluating complaints of sexual harassment. Similarly, in the State of Maharashtra, the District Women and Child Development officer in Mumbai, by a general letter dated 23 March 2017 (“Letter”) has asked all establishments in Mumbai to constitute and register their ICCs
The State Government of Karnataka issued a notification on 25 May 2019 (“Notification”) to extend the exemption from the applicability of the Industrial Employment (Standing Orders) Act, 1946 (“Standing Orders Act”) for another period of 5 (five) years for certain industries. The 10 (ten) industries that are exempted from the applicability of the Standing Orders Act are Information Technology industries, IT enabled services industries, startups, animation, gaming, computer graphics, telecom, business process outsourcing industries, knowledge process outsourcing industries and other knowledge based industries (“Exempted Industries”). The exemption will be applicable to entities operating in these Exempted Industries from the date the notification is published in the official gazette
On and from the effective date of May 1, 2019, the existing Gujarat Shops and Establishment Act, 1948 (“Old S&E Act”) stands repealed. The shops and establishment act is a state specific legislation, which regulates the operation of shops and commercial establishments in a state and the working conditions of workmen employed therein
On April 1, 2019 the Supreme Court of India, in the case of the Employees’ Provident Fund Organisation and Anr v. Sunil Kumar B & Ors., (“Judgment”) upheld the Kerala High Court’s decision in P. Sasikumar and Ors. v. Union of India, 2018 wherein it had set aside the Employees’ Pension (Amendment) Scheme, 2014 (“EPF Amendment 2014”)
Even in the era of far-reaching international trade agreements and regional economic and political partnerships, the majority of laws and regulations governing the workplace are still determined by the individual countries where employees work.
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On February 28, 2019, the Supreme Court of India passed a judgement clarifying the nature of allowances to be included within the ambit of ‘basic wages’ for the purpose of calculating provident fund contribution, under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 and the associated schemes
In order to bring in consistency in the time period of filing returns, the Ministry of Labour and Employment has amended certain labour legislations, providing a uniform time period for employers to file statutory returns, making it easier for the employers to ensure compliance with law
The Ministry of Labour and Employment, via a notification dated December 06, 2019 has amended the Employees’ Provident Fund Scheme, 1952, allowing its members to withdraw money up to 75% of his credit balance from the fund if the member remains unemployed for more than 1 month